DOLI SOY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) In this writ application the petitioner has prayed for a direction in the nature of certiorari for quashing the office order No. 49 dated 9.7.2007 (Annexure -6) issued by the respondents whereby and where under the petitioner's claim for payment of the insurance money of Old Group Insurance Scheme has been rejected.

(2.) THE case of the petitioner is that her husband was employed as Accounts Clerk in the Public Health Department under the State Government and was posted at Chaibasa and he died on 4.4.1998. After her husband's death, the retiral benefits were paid to her but under the head of group insurance, out of the total amount of Rs. 96,000/ - which ought to have been paid to her, the respondents had paid only Rs. 30,000/ - and illegally retained the balance of Rs. 66,000/ -.

(3.) FROM the facts and circumstances, I find force in the contention made by the counsel for the respondents. As per Clause 2 of the New Group Insurance Rules, 1997 read with Clause 9, it is evident that the rules under the old scheme was to be applied only to those employees who had specifically opted for the old rules whereas those employees who did not opt whatsoever, they were deemed to have accepted the new rules for their future guidance in the matter of payment their insurance money.